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FCC’s Setting Of Jurisdiction To Be Reviewed
The U. S. Supreme Court has agreed to consider how much deference to give federal agencies in setting their own jurisdictions, in two combined cases that could affect the ability to deploy wireless telephone services nationwide.
At issue is the ability of the Federal Communications Commission to step in and help further the placement of wireless communications facilities when state and local governments have failed (in the opinion of wireless providers) to act on tower-siting applications fast enough.
Cities including Los Angeles, San Antonio, and Arlington, Texas, as well as the New Orleans City Council, said that interfered with their power to enforce local zoning standards.
The cases are City of Arlington et al v. U.S., No. 11-1545; and Cable, Telecommunications, and Technology Committee of the New Orleans City Council v. FCC, No. 11-1547.
Bill Aaron of Aaron, PLC. served as counsel of record on the Cert Petition filed on behalf of the Cable, Telecommunications and Technology Committee of the New Orleans City Council and granted by the Supreme Court. Joining Mr. Aaron on the Cert Petition were DeWayne Williams of Aaron, PLC and Basile Uddo and Jay Beatmann of Uddo, Beatmann and Code. LLC..
Oral argument on the consolidated cases will be held before the Supreme Court in January of 2013. The specific issue to be addressed by the Court is: "Whether Chevron deference is due for a federal agency's ruling on its own jurisdiction?"
